Explore real payouts made to Colorado car accident victims. Look for cases similar to yours.
Colorado averages more than 3,387 serious injuries and nearly 700 fatalities from vehicle crashes each year.¹ When you or a family member are injured in a vehicle accident in Colorado, you have the right to seek compensation directly from the at-fault driver.
The average car accident settlement in Colorado for a moderate injury claim is $57,740. Average payouts range from $10,051 for minor injuries to $599,908 for severe injuries.
Average Colorado Car Accident Settlement Amounts
We analyzed a group of lawsuits filed in Colorado by plaintiffs injured in traffic accidents. Most lawsuits were against the at-fault driver and a few other named parties, like the driver’s employer. All lawsuits resulted in a payout to the injured victim, some from more than one defendant.
Average Payout by Severity of Injury |
|
|---|---|
| Minor Injury | $10,051 |
| Moderate Injury | $57,740 |
| Severe Injury | $599,908 |
Payout Range by Severity of Injury |
|
| Minor Injury | $6,000 - $16,000 |
| Moderate Injury | $17,086 - $98,165 |
| Severe Injury | $114,800 - $1,885,726 |
Types of Motor Vehicle Accidents
Side-impact collisions are the most common type of traffic accident throughout the United States, followed by rear-end collisions.²
Average Side-Impact Collision Settlements |
|
|---|---|
| Minor Injury | $10,183 |
| Moderate Injury | $54,231 |
| Severe Injury | $550,166 |
Average Rear-End Accident Settlements |
|
| Minor Injury | $9,843 |
| Moderate Injury | $53,356 |
| Severe Injury | $486,661 |
Types of Car Accident Injuries
Neck and back injuries are the most common type of crash injuries nationwide in all kinds of motor vehicle accidents, followed by head injuries.
Seriously injured crash victims often suffer more than one type of injury. Settlements and court awards are meant to cover all the victim’s damages, including the pain and suffering arising from physical injuries.
Average Neck and Back Injury Settlements |
|
|---|---|
| Minor Injury | $9,867 |
| Moderate Injury | $57,615 |
| Severe Injury | $545,470 |
Average Head Injury Settlements |
|
| Minor Injury | $11,667 |
| Moderate Injury | $64,508 |
| Severe Injury | $625,271 |
How Car Accident Settlements Are Calculated
Colorado is a traditional fault or “tort” state, meaning you have the right to demand injury compensation from the party who committed a wrongful act. In most car accident cases, the victim will first file a claim against the at-fault driver’s auto insurance. In Colorado, you will seek full compensation, even for mild to moderate claims.
Attorneys and insurance adjusters base the value of an injury claim on the scope and severity of the victim’s injuries. A fair injury settlement includes medical costs, related out-of-pocket expenses, lost wages, and some financial consideration for the victim’s pain and suffering.
Estimating a Payout for Minor Injuries
An easy way to estimate a fair payout for a minor to moderate injury claim is the “multiple method.”
Start by adding up your economic damages, such as medical bills, lost wages, and out-of-pocket expenses for medical supplies and replacement services. Then add one to three times the total of your economic damages to account for your non-economic damages, commonly called pain and suffering.
A multiple of one is reasonable when you spent a few days in the recliner with a heating pad on your back. A multiple of two or three is justified when your injuries interfered with your life for several weeks or months. For example, when a broken arm kept you from work for several weeks and forced you to hire help for snow removal and other chores.
Severe injury claims are best handled by an experienced personal injury attorney to ensure you get a fair payout. Your attorney will pursue all liable parties and gather valuable evidence supporting your demand for future medical costs, loss of earning capacity, and the physical and emotional suffering from serious injuries.
Other factors that influence injury payouts in Colorado:
- Shared Fault – Colorado is a modified comparative negligence state, also called the 50 percent rule. This rule means you can seek compensation from the other party so long as they are more to blame than you. Your payout will be reduced by your percentage of shared fault.
- Auto Policy Limits – Colorado is a mandatory insurance state. Vehicle owners must carry insurance liability limits of at least $25,000 per person/$50,000 per accident for bodily injury, and $15,000 for property damage.
- Multiple Claimants – When more than one person is injured in the same crash, there might not be enough liability insurance to fully compensate all the victims.
- Uninsured/Underinsured Motorist Coverage – Insurance companies selling auto policies in Colorado must offer uninsured motorist (UM) coverage equal to the policy liability coverage. Policyholders have the right to reject UM coverage in writing.
- Commercial Policies – Insurance policies for commercial vehicles like tractor-trailers, tanker trucks, and delivery vehicles typically carry higher liability limits than personal auto policies. Higher limits can mean higher payouts for severe injury claims.
- Punitive Damages – Colorado does not allow punitive damage awards to exceed the amount of compensatory damages awarded to the injured plaintiff.
Frequently Asked Questions
Minor Injury Case Examples
Minor car accident injuries tend to be soft-tissue injuries like cuts and bruises, sprains, and strains. Stiff and sore accident victims might miss a few days of work. Most minor injury cases are fully healed within a month.
Defendant Argues Plaintiff’s Injuries Were Preexisting
Type of Injury: Back injury-bulging disc, cervical and lumbar strains
Type of Accident: Rear-end
Award/Settlement Amount: $6,000
Case Summary: Plaintiff’s eastbound vehicle was struck from the rear by the male defendant’s vehicle on an interstate highway. Plaintiff suffered a bulging disc and cervical and lumbar strains as a result of the impact. The plaintiff contended that the defendant operated his vehicle in a negligent manner, failed to keep a proper lookout, and failed to maintain an assured clear distance. The defendant admitted liability, but disputed the nature and extent of the plaintiff’s injuries. Defendant further contended that plaintiff’s injuries were the result of a prior motor vehicle accident. The Jury returned a plaintiff verdict, awarding her $6000 in damages.
Location: El Paso County, Colorado
Case Name and Docket Number: Desmond v. Christian, 06cv1208
Small Award Compared to Alleged Damages
Type of Injury: Neck injury
Type of Accident: Rear-end
Award/Settlement Amount: $6,000
Case Summary: Plaintiff were involved in a traffic accident. Defendant was traveling behind plaintiff when the accident occurred. Plaintiff claimed she was stopped at a red light westbound when the defendant struck her vehicle. The plaintiff claimed she suffered a neck injury as a result of the accident. She submitted claims for past medical expenses of $192,458, past wage loss of $79,650 and future wage loss of $327,600. The defendant alleged the accident occurred at a stop sign at an intersection. The defendant disputed the nature and extent of the plaintiff’s claimed injuries. The plaintiff was awarded $6,000 plus interest and costs.
Location: Denver County, Colorado
Case Name and Docket Number: Essex v. Scheer, 02CV7598
Plaintiff Accused of Not Wearing Seatbelt in Rear-End Crash
Type of Injury: Injuries to neck, shoulders, back and head; spasms in neck and shoulder areas; recurrent headaches
Type of Accident: Rear-end
Award/Settlement Amount: $6,677
Case Summary: Plaintiff’s vehicle was struck from the rear by a vehicle operated by defendant. Plaintiff filed suit, claiming she was stopped at a red light when the accident occurred, and that defendant was negligent. Plaintiff contended she suffered spasms in her neck and shoulder and recurrent headaches as a result of injuries to her neck, shoulder, back and head sustained in the accident. Defendant admitted an accident occurred but denied he was negligent. In his affirmative defenses, defendant pleaded that the plaintiff failed to mitigate her damages and that she failed to wear a seatbelt at the time of the collision. The jury found for the plaintiff and awarded $6,677.
Location: Denver County, Colorado
Case Name and Docket Number: Sims v. Espinoza Jr., 03CV3202
Award Limited to Non-Economic Damages
Type of Injury: Back injury-cervical strain/sprain
Type of Accident: Side-impact
Award/Settlement Amount: $7,160
Case Summary: Plaintiff was driving east, when defendant, approaching an intersection from the opposite direction, attempted to turn left onto southbound Broadway by turning his vehicle in front of plaintiff’s vehicle. A “T-bone” collision ensued. Plaintiff claimed he sustained cervical strain as a result of the accident. Defendant denied liability, claiming the comparative negligence of plaintiff contributed in causing the accident, and alleging that plaintiff had failed to mitigate her own damages. Jury returned a verdict in favor of plaintiff and against defendant, finding no economic damages that would not have been covered by insurance, but awarding plaintiff $7,160 in noneconomic damages.
Location: Denver County, Colorado
Case Name and Docket Number: Yunker v. Blinn, 03CV9214
Defendant Denied Negligence, Asserted Mitigating Circumstances
Type of Injury: Back, shoulder and neck injuries
Type of Accident: Rear-end
Award/Settlement Amount: $7,724
Case Summary: Plaintiff was driving northbound near an interchange. Plaintiff said when she slowed for traffic she was struck from behind by a vehicle driven by defendant. Plaintiff claimed she sustained back shoulder and neck injuries from the accident. Defendant denied any negligence on his part and contended that any alleged injuries sustained by plaintiff may have existed before the accident or taken place after it. He also said his actions were the result of responding to an emergency situation, and that it was possible plaintiff was not using safety belt, which might have mitigated any injuries suffered. Jury found in favor of plaintiff in $7,724 for economic losses.
Location: Denver County, Colorado
Case Name and Docket Number: Cothren v. Williams, 04CV0309
Plaintiff’s Injury May Have Been Exaggerated
Type of Injury: Head injury-traumatic brain injury
Type of Accident: Rear-end
Award/Settlement Amount: $8,000
Case Summary: Plaintiff had stopped his vehicle in abeyance of a red light when defendant struck the rear of his vehicle. Plaintiff claimed he sustained a traumatic brain injury which resulted in his inability to continue his chosen occupation as a pharmacist. The plaintiff noted there was no comparative negligence on his part and the defendant was solely negligent and the proximate cause of his injuries, because of defendant’s negligent acts of following too closely and careless driving. The defendant admitted liability but claimed the plaintiff was exaggerating his injuries. A jury returned a verdict in favor of the plaintiff, awarding him $8,000 in damages.
Location: Denver County, Colorado
Case Name and Docket Number: Olinger v. Norton, 2019-CV-031580
Coughing Spell Blamed for Rear-End Collison
Type of Injury: Back injuries-Cervical spine; soft tissue injury of neck, shoulder, and back areas, disc injuries, lower back pain
Type of Accident: Rear-end
Award/Settlement Amount: $8,040
Case Summary: Plaintiff was involved in two rear-end collisions. In the first, plaintiff had stopped, waiting for a truck to turn left onto a Street when his vehicle was struck from behind by defendant. Defendant claimed he experienced an unexpected coughing episode just prior to impact, causing his foot to slip off the brake. In the second, plaintiff had stopped at a red light and was rear-ended by co-defendant. Plaintiff sustained soft tissue injury of neck, shoulder, and back areas, disc injuries and lower back as a result of both collisions. Defendant admitted causing the accident, but denied the accident caused plaintiff to sustain injuries. Co-defendant generally denied plaintiff’s allegations. Jury found in favor of the plaintiff and against both defendants
Location: Denver County, Colorado
Case Name and Docket Number: Hansen v. Woodhull, 04 CV 8773
Condo Snow Plow Driver Liable for Damages
Type of Injury: Injuries to neck and back
Type of Accident: Side-impact
Award/Settlement Amount: $9,080
Case Summary: Plaintiff was leaving his parking spot at a condominium complex. It had snowed overnight and into the morning. As plaintiff attempted to drive off the premises, an employee of defendant, plowed snow from the parking lot. As he did so, he stopped, backed up and struck plaintiff’s vehicle broadside. Plaintiff, claiming injuries to his neck and back, sued defendant. Plaintiff contended defendant’s employee operated the plow in an unsafe manner. Defendant denied its employee caused the accident and denied the extent of the injuries claimed by plaintiff. Defendant further asserted that plaintiff’s injuries and damages were pre-existing. Jury found in favor of plaintiff, awarding $2,100 for non economic losses and $6,980 for economic losses.
Location: Jefferson County, Colorado
Case Name and Docket Number: Carroll v. Snowbird, 05 CV 1166
Soft-Tissue Injuries from Improper Left Turn
Type of Injury: Injuries to the head, neck, back, shoulders, chest, legs and upper body; emotional trauma
Type of Accident: Side-impact
Award/Settlement Amount: $9,275
Case Summary: Plaintiff said he was driving west at a green light near an intersection. At the same time, defendant was traveling east in the left turn lane. Defendant did not yield right of way and attempted to make a left turn. A collision occurred, in which plaintiff claimed he suffered injuries to the head, neck, back, shoulders, chest, legs and upper body. plaintiff also claimed emotional trauma and loss of income. Defendant admitted that the accident occurred and that he was negligent but denied that plaintiff suffered the injuries claimed by him as a result of the accident. The jury awarded a total of $9,275 to plaintiff.
Location: Denver County, Colorado
Case Name and Docket Number: Reames v. Chiappone, 03CV685
Jury Award for Second of Two Vehicle Accidents
Type of Injury: Shoulder, head, neck, back injuries; emotional trauma
Type of Accident: Side-impact
Award/Settlement Amount: $12,000
Case Summary: Plaintiff was involved in two unrelated motor vehicle accidents. The first occurred when defendant failed to obey a red light and collided with a vehicle driven by another motorist, which then hit plaintiff’ car and caused it to spin into defendant’s car. In the second, co-defendant failed to obey a red light, causing a collision with plaintiff’s vehicle. Plaintiff sustained injuries to her left shoulder, head, neck and back. Defendant claimed plaintiff was responsible for her injuries because she failed to wear a seatbelt. Co-defendant admitted he was negligent, but claimed plaintiff’s injuries were pre-existing and/or caused by accident with defendant. Plaintiff settled first claim for an unreported amount. Jury returned a plaintiff verdict in $12,000 against co-defendant.
Location: Boulder County, Colorado
Case Name and Docket Number: Stanton v. Burns, 06-CV-205
Accident From High-Speed Lane Change
Type of Injury: Neck and back injuries; persistent headaches
Type of Accident: Side-impact
Award/Settlement Amount: $13,400
Case Summary: Plaintiff was driving northbound near an Interstate exit at a speed of 50 to 55 mph. Defendant was driving in the same direction and attempted to change lanes, striking Plaintiff’s vehicle. As a result of the accident, plaintiff claimed injuries to the neck and back, persistent headaches, pain and suffering, medical expenses and loss of employment and brought suit. Defendant admitted that the accident occurred and that he was negligent but denied being responsible for plaintiff’s injuries. Defendant claimed plaintiff’s injuries could have been the result of another accident that plaintiff was involved in less than a year later. Jury determined that the amount of damages caused solely by the negligence of defendant was $13,400.00.
Location: Denver County, Colorado
Case Name and Docket Number: Calderon v. Galarza, 02CV4190
Passenger Injured in Two Rear-End Collisions
Type of Injury: Back injury-Cervical / Lumbar Strain
Type of Accident: Rear-end
Award/Settlement Amount: $13,910
Case Summary: Plaintiff was involved in two separate motor vehicle accidents. In the first accident, co-defendant’s vehicle in which he was a passenger, collided with the rear of a nonparty vehicle on a public roadway. In the second accident, the vehicle in which plaintiff was a passenger was struck from the rear by the third-named defendant’s vehicle as the plaintiff’s nonparty host driver stopped near an intersection. Plaintiff suffered cervical, lumbar and shoulder strains as a result of the two collisions. Defendants denied liability and contended that the accidents resulted from the negligence of a nonparty. Jury attributed negligence to the third-named defendant only and awarded plaintiff $13,910 in damages.
Location: Denver County, Colorado
Case Name and Docket Number: Ami v.Sorn, 08 CV 2114
Minivan Rider Injured in Multi-Vehicle Accident
Type of Injury: General Back and neck injuries
Type of Accident: Rear-end
Award/Settlement Amount: $14,000
Case Summary: Plaintiff 1 was a rear-seat passenger in a minivan that was stopped in traffic. Defendant was traveling in the same direction when his vehicle struck the rear of Plaintiff 2’s pickup truck, starting a chain reaction. The impact broke the back window of the minivan, which was forced into the vehicle in front of it. Plaintiff 1 was thrown into the seat in front of her. She suffered back and neck injuries. Defendant did not dispute liability or that plaintiff had been injured. The issues at trial were whether any negligence could be attributed to a non-party motorist, whom defendant claimed did not have operating brake lights, and the extent of plaintiff’s damages. Jury charged negligence 70/30% negligence between defendant and non-party, awarding plaintiff $14,000.
Location: Larimer County, Colorado
Case Name and Docket Number: Bashans v. Snow, 01CV775
Defendant Stipulated to Liability for Rear-End Collison
Type of Injury: General injuries to head, jaw, neck, mid and lower back, hips, legs, shoulders, arms, wrists, and hands
Type of Accident: Rear-end
Award/Settlement Amount: $15,000
Case Summary: Plaintiff drove her vehicle southbound, in the right lane. As traffic in front of her came to a stop, plaintiff brought her vehicle to a stop. Before traffic began to move again, defendant crashed the vehicle he was driving into the rear of plaintiff’s vehicle. Plaintiff claimed personal injuries, as well as headaches, muscle spasms, neurological and emotional injuries as a result of the accident. Defendant answered the suit, initially denying all allegations of fault. However, prior to trial, defendant stipulated to liability in the motor vehicle accident. Jury returned a verdict in favor of plaintiff for the amount of $15,000, including awards for both economic and non-economic damages
Location: Denver County, Colorado
Case Name and Docket Number: Lingle v. Dowda, 04CV2788
Bicyclist Struck By Motor Vehicle Suffers Knee Damage
Type of Injury: Injuries to knees- aggravation of pre-existing condition of chondromalacia (softening of the cartilage of the knee cap)
Type of Accident: Bicycle
Award/Settlement Amount: $16,000
Case Summary: Plaintiff was traveling on her bicycle in the eastbound bike lane at an intersection when she was struck by a motor vehicle being operated by defendant as he attempted to make a left turn from westbound Parkway. Defendant struck the front wheel of plaintiff’s bicycle with his car, causing her to be thrown to the street. Plaintiff claimed her injuries included aggravation of her pre-existing condition of chondromalacia in both knees. Defendant admitted that his negligence in failing to see plaintiff was the cause of the accident and that the plaintiff did sustain injuries, but he disputed the extent to which plaintiff was injured in the subject accident. Jurors awarded plaintiff $16,000.00 in damages.
Location: Boulder County, Colorado
Case Name and Docket Number: Roepka v. Damon, 2003CV1033
Moderate Injury Case Examples
Moderate car accident injuries may be limited to more extensive soft-tissue injuries, and may also include injuries with longer-lasting effects like simple fractures, slipped or herniated discs, whiplash, and concussions. Victims may be out of work for weeks or months as they recover.
Drunk Driver Admitted Causing Accident
Type of Injury: Back injury-Herniated disc
Type of Accident: Rear-end
Award/Settlement Amount: $17,086
Case Summary: Plaintiff was traveling northbound in a truck, when a vehicle driven by defendant struck the right rear portion of the truck. Plaintiff suffered cervical disc herniation from this accident. Plaintiff contended that defendant purposefully drove under the influence of alcohol. The defendant’s blood alcohol level was .181 against allowed .08 level. Plaintiff claimed defendant was also driving at a high rate of speed and that his actions were the direct cause of the accident. Defendant admitted the accident was the result of an alcohol related offense, but he denied that plaintiff was damaged to the extent claimed. Jury returned a verdict for plaintiff, awarding him $17,086.19 for economic losses.
Location: Denver County, Colorado
Case Name and Docket Number: Thuet v. Martinez-Regalado, 04CV2459
Annular Tear of Lumbar Disc from Rear-End Crash
Type of Injury: Back, neck, shoulders and lower left hip pain
Type of Accident: Rear-end
Award/Settlement Amount: $26,000
Case Summary: Defendant was traveling west at about 25-30 mph. Ahead of plaintiff was a vehicle being driven by plaintiff. When plaintiff slowed for traffic 15 feet prior to an intersection, her vehicle was rear-ended by defendant. Plaintiff claimed she suffered back, neck, shoulders and lower left hip pain from the accident. An MRI revealed the motorist had a small posterior central annular tear at the L5/5 disc. Defendant admitted driving negligently but denied plaintiff’s injury claims and plaintiff’s assertion that she was not comparatively negligent. Returning a verdict for plaintiff, jury awarded her $26,000 in damages. Judge affirmed the jury’s findings the same day.
Location: Denver County, Colorado
Case Name and Docket Number: Gholeston v. Richards, 04CV5648
Sun Glare and Speed Limit Change Lead to Crash
Type of Injury: Low back injuries and neck pain
Type of Accident: Rear-end
Award/Settlement Amount: $26,500
Case Summary: Plaintiff’s vehicle was rear-ended, while he was slowing for traffic near a road construction zone, which had a 45 mph speed limit. Defendant’s vehicle traveling behind plaintiff’s, had also began to slow with traffic but sun glare briefly blocked defendant’s vision of plaintiff’s vehicle. When the glare was gone plaintiff’s vehicle was traveling slower than defendant anticipated and he slammed on his brakes but was unable to avoid a collision. Plaintiff suffered lower back injuries and neck pain as a result of the collision. Defendant admitted liability for causing the accident but denied that the plaintiff’s contended that plaintiff’s claimed injuries were initiated by pre-existing conditions. Jury awarded plaintiff $26,500 in damages.
Location: Douglas County, Colorado
Case Name and Docket Number: Benton v. Hull, 03CV1685
Drunk Driver Failed to Stop for Traffic
Type of Injury: Neck, chest, lower back and shoulder pain and eye injuries
Type of Accident: Rear-end
Award/Settlement Amount: $34,099
Case Summary: Plaintiff was involved in a motor vehicle accident with defendant. Plaintiff asserted that she was turning left onto a Drive from a mall property when defendant, while intoxicated, failed to stop for traffic in front of him and rear-ended the vehicle driven by plaintiff. Plaintiff claimed he sustained neck, chest, lower back and shoulder pain and eye injuries. Defendant filed an answer and stated that plaintiff was comparatively negligent, she failed to wear a seatbelt, and she failed to mitigate her damages. Jury returned a verdict in favor of plaintiff and awarded her $34,099 for both economic and noneconomic damages.
Location: Denver County, Colorado
Case Name and Docket Number: Baca v. Conway, 2015CV31119
Head Injury Victim Sued At-Fault Driver and Parent
Type of Injury: Closed head injury
Type of Accident: Side-impact
Award/Settlement Amount: $36,000
Case Summary: Plaintiff was driving her vehicle westbound, near an intersection, when defendant, driving south in a vehicle owned by her father, drove through the stop sign and struck the side of plaintiff’s vehicle. The force of the impact propelled Plaintiff’s vehicle to a guard rail. Plaintiff said she suffered a closed head injury. Defendants generally denied all allegations as to fault and setting up the standard slate of affirmative defenses. However, some time prior to trial, defendants admitted to negligence. The case proceeded on the issues of to what extent plaintiff was injured in the accident, and to what damages she was entitled. Jury awarded plaintiff $36,000 for economic and non-economic damages.
Location: Denver County, Colorado
Case Name and Docket Number: Guss v. Sherrod, 02CV8130
Neck and Clavicle Injury from Chain-Reaction Crash
Type of Injury: Injuries to back- abnormal straightening of the cervical spine; Other-re-injury to fractured clavicle
Type of Accident: Rear-end
Award/Settlement Amount: $39,794
Case Summary: Plaintiff and defendant were traveling east when the front of defendant’s vehicle collided with the rear of plaintiff’s Subaru. The Subaru was then forced into the vehicle directly ahead of it. Defendant was cited at the scene of the accident by police for driving at an excessive speed. The collision caused injuries to plaintiff including re injuring her fractured clavicle. Plaintiff also sustained abnormal straightening of the cervical spine, ligamentous laxity in her cervical spine and a lateral anterior vertebral offset at C6, the complaint said. Although defendant admitted fault for the accident, he challenged the nature and extent of the plaintiff’s alleged injuries. Jury found for plaintiff, awarding her $39,794 in damages.
Location: Boulder County, Colorado
Case Name and Docket Number: Mark v. New, 04CV1182
Plaintiff Shared Fault for Broadside Collison
Type of Injury: Injuries to neck, back, right forearm, wrist and toe
Type of Accident: Side-impact
Award/Settlement Amount: $50,000
Case Summary: Plaintiff drove west through an intersection, when defendant, driving south through the same intersection, collided with the passenger side of plaintiff’s vehicle. Plaintiff suffered injuries to her neck, back, right forearm, wrist and toe. Plaintiff argued defendant ran a red light while talking on his cell phone. Defendant admitted he was negligent by not stopping his vehicle before it entered the intersection, and admitted his negligence caused the accident. However, defendant denied the plaintiff’s claimed injuries, and denied he was talking on his cell phone at the time of the accident. Jurors reached a verdict, finding plaintiff 10% negligent and defendant 90% negligent. Jury awarded plaintiff $30,000 for economic losses and $20,000 for physical impairment.
Location: Boulder County, Colorado
Case Name and Docket Number: Rivera v. Katz, 04 CV 198
Traumatic Brain Injury from Side-Impact Collision
Type of Injury: Head injury-traumatic brain injury
Type of Accident: Side-impact
Award/Settlement Amount: $54,000
Case Summary: Plaintiff, a passenger, was involved in a motor vehicle accident while traveling in a vehicle driven by defendant. Plaintiff claimed defendant failed to stop for a red light for southbound travel at that time, causing a collision with a non-party motorist. Plaintiff claimed damages for traumatic brain injury, medical expenses, and loss of earnings. Defendant contended that plaintiff failed to use a seatbelt. Jury found in favor of plaintiff and awarded him $29,785.12. Judge entered final judgment pursuant to the jury’s verdict and awarded plaintiff pre-judgment interest of $14,758.14, post-judgment interest of $274.50 and costs of $9,182.24 for a total award of $54,000.
Location: Denver County, Colorado
Case Name and Docket Number: Thompson v. Garoutte, 2010 CV 4471
Head Trauma and Anxiety from Head-On Collison
Type of Injury: head injury-head trauma, anxiety disorder, blurred vision, migraines, fatigue
Type of Accident: Head-on
Award/Settlement Amount: $70,000
Case Summary: A two vehicle accident occurred involving plaintiff and defendant, when defendant crossed over centerline and struck plaintiff’s vehicle head-on. Plaintiff claimed she sustained head trauma in the crash resulting in anxiety disorder, blurred vision, migraines and fatigue due to defendant’s negligence. The defendant admitted the date and location of the accident and admitted causing the accident. She however denied the accident caused or contributed to the plaintiff’s alleged injuries or damages, and denied the nature and extent of the plaintiff’s alleged injuries and damages. A jury found in favor of the plaintiff for $70,000, awarding $50,000 for non economic losses and $20,000 for economic losses.
Location: Denver County, Colorado
Case Name and Docket Number: Wallis v. Rigert, 03 CV 5561
Loose Horse Owner Liable for Car Accident Damages
Type of Injury: Traumatic brain injury; Multiple lacerations
Type of Accident: Single
Award/Settlement Amount: $72,338
Case Summary: Plaintiff was driving west on a highway when suddenly she encountered a herd of horses about one mile west of an intersection. She attempted to avoid the herd but was unable to stop and struck at least one of the horses. The herd had been out to pasture on property owned by defendant and escaped through an unsecured gate on the property. Plaintiff sustained traumatic brain injury and multiple lacerations throughout his body resulting from the collision. Plaintiff claimed defendants negligently allowed the horses to roam onto the highway. Defendants admitted the horses were involved in the accident but denied they were negligent and the nature and extent of plaintiff’s injuries. Jury entered a verdict for the plaintiff.
Location: Douglas County, Colorado
Case Name and Docket Number: Lang v. Harrison, 02CV55
Passenger Sued Both Drivers for Injury Damages
Type of Injury: General injuries to Neck, chest, hip and left knee; headaches
Type of Accident: Side-impact
Award/Settlement Amount: $76,923
Case Summary: Plaintiff was a passenger in a vehicle driven by defendant. Plaintiff said the vehicle she occupied collided with a vehicle driven by co-defendant at an intersection. Plaintiff sued both defendants claiming neck, chest, hip, left knee, headaches, medical expenses and lost income. Both defendants denied they were negligent. Before trial, plaintiff settled with co-defendant. After trial, the court found defendant was solely at fault for the collision and assessed plaintiff’s damages at $48,527.10 less $455 for write-offs or reductions for her medical expenses, $3,850.92 for her lost income and $25,000 for her pain, suffering, inconvenience, emotional stress and loss of enjoyment of life after the motor vehicle accident.
Location: Denver County, Colorado
Case Name and Docket Number: Mims v. Rice, 07 CV 3359
Plaintiff Sues Employer for Rollover Crash on Icy Road
Type of Injury: Injuries to the neck, back, spine, bones, muscles, tissues, and ligaments
Type of Accident: Single
Award/Settlement Amount: $80,000
Case Summary: Plaintiff was an employee of defendant Company. While traveling northbound a highway, defendant’s vehicle slid on an icy road, crossed the highway, and overturned. Plaintiff said he sustained injuries to the neck, back, muscles, tissues, and ligaments. Plaintiff blamed defendant for assigning him to work in an unsafe and dangerous vehicle, failing to properly train its agents and drivers with respect to the transportation of employees, and failing to adopt and enforce safe work practices. The defendant denied the allegations. The jury determined that defendant’s driver, was negligent and that the negligence caused the plaintiff to incur damages in the amount of $80,000.
Location: Denver County, Colorado
Case Name and Docket Number: Smoot v. Burlington Northern , 02CV 1338
Spooked Horse and Negligent Driver Blamed for Crash
Type of Injury: Closed head trauma, injuries to neck, shoulders, upper back and lumbar spine
Type of Accident: Rear-end
Award/Settlement Amount: $90,200
Case Summary: Plaintiff drove north, approaching an intersection. Defendant did the same, proceeding behind plaintiff. At the same time, a horse ran into the street from nearby Park and collided with plaintiff’s vehicle. Defendant then rear-ended plaintiff. Plaintiff sued the horse’s owner, who had been training the horse at the time of the accident and defendant driver. Plaintiff claimed injuries to his neck, shoulders, upper back and lumbar spine. Defendant admitted the horse ran away from a training session and collided with plaintiff’s truck, but denied she was negligent and claimed she did nothing to spook the horse. Defendant driver admitted liability. Jurors returned a plaintiff verdict. The award was $10,000 in non-economic damages and $80,200 in economic damages.
Location: Jefferson County, Colorado
Case Name and Docket Number: Novak v. Cawthra, 04 CV 0311
Disc Derangement, Other Injuries from Icy Rear-End Accident
Type of Injury: Back injuries to cervical, lumbar and thoracic spine, disc derangement; headaches
Type of Accident: Rear-end
Award/Settlement Amount: $95,000
Case Summary: Plaintiff was stopped at an intersection when struck from the rear by a vehicle operated by defendant. Plaintiff claimed intervertebral disc derangement in the cervical and lumbar spine, soft tissue lesions, damage to the retaining ligaments in the cervical spine, myofascial pain syndrome in the cervical, thoracic and lumbar spine areas, thoracolumbar strain, myofascial strain and headaches. She also claimed she was unable to return to her previous employment. Defendant denied he was negligent and claimed he was confronted with ice on the road. He also disputed the plaintiff’s injuries and asserted plaintiff had pre-existing headaches and right arm pain. Jury awarded plaintiff $95,000 in damages.
Location: El Paso County, Colorado
Case Name and Docket Number: Hill v. Juarez, 99CV2711
Hospital Stay and Surgery for Lower Back Injury
Type of Injury: Injury to low back, pain radiating down leg to knee
Type of Accident: Rear-end
Award/Settlement Amount: $98,165
Case Summary: Plaintiff drove her vehicle west on a Highway, near a controlled intersection. Defendant also drove west on the same Highway when he struck plaintiff’s vehicle from behind. plaintiff was hospitalized and diagnosed with a lumbar injury which required surgery. Defendant denied liability, and argued the plaintiff started to change lanes and then immediately swerved back in front of her, giving her inadequate space or a chance to avoid hitting the left rear of plaintiff’s vehicle. Defendant further contended plaintiff’s claimed injuries and damages were due, in part, to pre-existing conditions. Jury found in favor of plaintiff, awarding $19,500 for non economic losses, $76,915 for economic losses and $1,700 for physical impairment for a total award of $98,165.
Location: Larimer County, Colorado
Case Name and Docket Number: Cockrell v. Voth, 04 CV 291
Severe Injury Case Examples
Severe crash injuries often result in permanent disability or disfigurement. Victims of severe car accidents can suffer multiple injuries, such as brain trauma, spinal cord injuries, damage to vital organs like the heart, lungs, or liver, and multiple or complicated fractures. Severely injured victims may be unable to resume their pre-accident employment or activities of daily living.
Drivers from Two Accidents Share Liability for Victim’s Injuries
Type of Injury: Head injury- Traumatic Brain Damage; General injuries to neck, shoulders and arms
Type of Accident: Side-impact
Award/Settlement Amount: $114,800
Case Summary: Plaintiff’s vehicle was struck broadside by a vehicle driven by defendant’s employee, who crossed center-line. Plaintiff suffered a traumatic brain injury, as well as injuries to his neck, shoulders and arms, as a result of this accident. Plaintiff was involved in a subsequent accident in which his vehicle was rear-ended by a vehicle driven by co-defendant. Defendant admitted its employee was involved in the accident and a police investigation found the employee at fault. Defendant however denied proximately causing plaintiff’s injuries or damages. Co-defendant admitted causing the accident but denied sole causation. Jurors awarded plaintiff $7,300 from co-defendant for economic losses and $50,000 for non-economic losses, $42,500 for economic losses and $15,000 for physical impairment from co-defendant.
Location: Adams County, Colorado
Case Name and Docket Number: Jager v. Skyline Automotive, 2009-CV-001493
Award for Physical Impairment and Disfigurement
Type of Injury: Back injury-Disc herniation at C5-C6
Type of Accident: Rear-end
Award/Settlement Amount: $147,000
Case Summary: Plaintiff’s vehicle was stopped at a red light at an intersection when defendant, who was driving behind plaintiff, struck the rear of plaintiff’s car. Plaintiff suffered herniated disc at C5-C6 that required surgical repair. The plaintiff sought compensation for physical injuries, pain and suffering, loss of enjoyment of life, medical expenses, loss of earnings and earning capacity, and interest and costs. The defendant admitted negligence, but disputed the cause and extent of plaintiff’s injuries. The jury awarded $147,000.27 to plaintiff, of which $70,000 was for non-economic losses, $60,300.27 for economic losses, and $16,700 for physical impairment and disfigurement.
Location: El Paso County, Colorado
Case Name and Docket Number: Kovach v. Levy, 01CV3053
Rotator Cuff Tear and Aggravation of Disc Damage
Type of Injury: Shoulder injury-left rotator cuff tear; Back injury-an aggravation of preexisting disc damage
Type of Accident: Rear-end
Award/Settlement Amount: $235,720
Case Summary: Plaintiff was involved in two separate motor vehicle accidents. In the first accident, the plaintiff’s vehicle overturned and collided with a non-party vehicle after it was struck broadside by defendant’s vehicle at an intersection. In the second accident, plaintiff’s vehicle was struck from the rear by co-defendant’s vehicle, operated by its non-party employee, as the plaintiff stopped for traffic. Plaintiff suffered a left rotator cuff tear and an aggravation of pre-existing disc damage that required surgery as result of the two accidents. Defendants admitted liability but disputed the nature and extent of the plaintiff’s injuries. The plaintiff’s award included $152,013 from defendant and $83,707 from co-defendant.
Location: Denver County, Colorado
Case Name and Docket Number: Watkins v. Kraus, 08-CV-885
Tractor Trailer Company Liable for Rollover Crash
Type of Injury: Left shoulder torn rotator cuff injury; Others-cervical disc damage
Type of Accident: Single
Award/Settlement Amount: $287,000
Case Summary: Plaintiff swerved his vehicle at the last second, struck a guardrail and rolled his vehicle, in response to a surprise encounter of defendant’s semi-truck and trailer, being parked on and blocking an exit ramp. Plaintiff claimed that it was dark at the time of the accident and that defendants’ truck did not have any warning lights illuminated or have its safety triangles deployed. Plaintiff suffered a left shoulder torn rotator cuff requiring surgery and a cervical disc damage which required spinal fusion surgery. Defendants contended that plaintiff had installed an off-road, lift suspension system on his vehicle that had made it more likely to roll. Jury apportioned 30% fault to plaintiff and 70% to defendant. Plaintiff’s award of $410,000 was reduced to $287,000.
Location: Denver County, Colorado
Case Name and Docket Number: Mcmanis v. Advantage Trucking, 2014-CV-033320
Red Light Runner Liable for Three-Vehicle Collision
Type of Injury: Closed Head Injury; Others-TMJ with headaches; cervical spine and left shoulder strains
Type of Accident: Side-impact
Award/Settlement Amount: $325,000
Case Summary: Defendant drove north and failed to stop for a red light, colliding with the left side of a northbound vehicle, forcing the vehicle sideways into Plaintiff’s vehicle, which was also traveling northbound. Defendant’s vehicle also collided with plaintiff’s vehicle. As a result, Plaintiff suffered a closed head injury, TMJ with headaches, and cervical spine and left shoulder strains. Defendant admitted she was negligent and caused the collision but denied all of the plaintiff’s claimed damages and injuries were caused by the accident. She contended the plaintiff failed to mitigate damages. The jury awarded plaintiff $100,000 for noneconomic damages, $150,000 for economic losses and $75,000 for physical impairment and/or disfigurement.
Location: Arapahoe County, Colorado
Case Name and Docket Number: Dickerson-Maceyka v. Buell, 2010-CV-001868
Multi-Vehicle Highway Crash at Entrance Ramp
Type of Injury: Injuries to neck and right shoulder
Type of Accident: Side-impact
Award/Settlement Amount: $391,000
Case Summary: The defendant was entering the highway while plaintiff was traveling in the right thru lane behind a non-party motorist. The defendant claimed she swerved to avoid a vehicle that was blocking the entrance ramp when her vehicle T-boned the non-party’s vehicle. The non-party motorist’s vehicle was then struck from behind by the plaintiff’s vehicle. Plaintiff sustained injuries to neck and right shoulder requiring rehabilitation. The defendant denied she was negligent and denied the accident caused the plaintiff’s claimed injuries. The jury awarded the plaintiff $391,000 which included: $152,000.00 for non-economic losses; $236,500.00 for economic losses and $2,500.00 for physical impairment or disfigurement.
Location: El Paso County, Colorado
Case Name and Docket Number: Gordon v. Houston, 03CV1476
Pedestrian Run Down in Store Parking Lot
Type of Injury: Back injury-herniated cervical disc at C5-6, disc bulging and C6 nerve impingement
Type of Accident: Pedestrian
Award/Settlement Amount: $500,000
Case Summary: As plaintiff walked out of a store into the parking lot, she was struck by a vehicle which was controlled by defendant’s employee. Plaintiff claimed she sustained a tremor in her right arm and a herniated cervical disc at C5-6 with associated disc bulging, C6 nerve impingement and flattening of the right ventral margin of the spinal cord requiring a discectomy and surgical placement of an artificial disc. Plaintiff claimed her injuries were caused by defendant employee’s failure to use reasonable care in operation of its vehicle. Defendant admitted liability, but claimed that plaintiff’s injuries and damages were caused by two subsequent motor vehicle accidents. Jury awarded plaintiff $500,000 in damages.
Location: Denver County, Colorado
Case Name and Docket Number: Rivera v. Auto-parts Inc., 2009-CV-003761
Careless Driver Liable for Multiple Traumas to Bicyclist
Type of Injury: Closed head injury, broken leg, 3 broken ribs, multiple traumas and lacerations
Type of Accident: Bicycle
Award/Settlement Amount: $528,250
Case Summary: Plaintiff was riding his bicycle near the entrance of a Shopping Center. Defendant was driving her vehicle in the exit lane of the shopping center, heading north, when her vehicle collided with the rear tire of plaintiff’s bicycle, causing him to be thrown from his bicycle. Plaintiff sustained a closed head injury, broken left leg, three broken ribs, multiple traumas and lacerations as a result of the accident. Defendant admitted a collision with plaintiff but denied plaintiff’s account of the accident. Defendant contended that plaintiff was comparatively negligent and that his injuries were pre-existing. Judge found defendant was 100% negligent, causing plaintiff’s injuries. The court awarded plaintiff total damages of $528,250 plus pre-judgment interest.
Location: Boulder County, Colorado
Case Name and Docket Number: Bush v. Public-Service Company, 02CV1687
Intoxicated Pedestrian Partly Liable for Getting Hit by Car
Type of Injury: General injuries to head, back and body.
Type of Accident: Pedestrian
Award/Settlement Amount: $570,000
Case Summary: Plaintiff drove a vehicle that struck plaintiff, as he walked across the street at an intersection. Plaintiff claimed he was walking in the crosswalk at the time of the accident. Plaintiff claimed injuries to his head, back and body while his wife claimed loss of consortium. Defendant admitted the accident occurred but denied negligence, contending that plaintiff was comparatively negligent, in that he assumed the risk of injury by becoming intoxicated and walking at night. Jury found in favor of both plaintiffs and against defendant. Jurors determined defendant was 75% negligent while plaintiff was 25% at fault for causing his own injuries. Thus, a $760,000 award was reduced by $190,000, to a recoverable sum of $570,000.
Location: Arapahoe County, Colorado
Case Name and Docket Number: Billingham v. Pavlakovich, 04 CV 3784
Van Driver Liable for Plaintiff’s Traumatic Brain Injury
Type of Injury: Head injury-traumatic brain damage
Type of Accident: Side-impact
Award/Settlement Amount: $600,000
Case Summary: Defendant, in the course of his employment, was driving a university-owned passenger van. As he was turning left onto a Street, he first struck the front of Plaintiff’s vehicle then struck a non-party motorist’s vehicle. Plaintiff sustained a traumatic brain injury and was hospitalized for several days following the accident. Plaintiff claimed defendant drove negligently and violated traffic laws by driving carelessly, failing to give right of way at an intersection, and failing to use a turn signal. Defendants admitted fault for the accident, but claimed that the plaintiff failed to mitigate his damages and that the accident did not cause his damages. Jury awarded plaintiff $600,000 in damages
Location: Boulder County, Colorado
Case Name and Docket Number: Pastore v. Elumeze, 03CV103
Head Injury, Cracked Teeth, Impaired Vision from Two Accidents
Type of Injury: Head Injuries-Closed-head injury, cracked teeth & impaired vision; General neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $607,625
Case Summary: As plaintiff proceeded through an intersection, a vehicle driven by defendant ran a red light and collided with her vehicle. One year later, plaintiff’s vehicle was rear-ended by co-defendant. Plaintiff suffered a closed-head injury, neck and back injuries, cracked teeth, and impaired vision as a result of the two accidents. Defendant admitted she was negligent in causing the first accident but denied that plaintiff was injured in that collision. Co-defendant admitted she rear-ended plaintiff’s vehicle in the second accident but claimed she was “faced with a sudden emergency.” Jurors determined defendant was 82% negligent while co-defendant was 18% negligent. Based on fault apportionment, judge divided award payment between the two defendants: $498,252.50 against defendant and $109,372.50 against co-defendant.
Location: Denver County, Colorado
Case Name and Docket Number: Thompson v. Scott, 04CV3626
Brain Damage With Cognitive Impairments from T-Bone Collison
Type of Injury: Head injury-brain damage, chronic headache syndrome, concussive migraines, hearing loss, memory issues, cognitive impairment, and vomiting
Type of Accident: Side-impact
Award/Settlement Amount: $779,010
Case Summary: Plaintiff’s vehicle was struck on its front driver side corner by a vehicle operated by defendant. Plaintiff suffered chronic headache syndrome, concussive migraines, hearing loss, memory issues, cognitive impairment, and vomiting, and was unable to work due to her injuries. Plaintiff contended that defendant had gone through a red light signal. Defendant admitted liability but asserted that most of plaintiff’s injuries were related to a hiking incident that occurred after this accident. Defendant also disputed plaintiff’s impairment, claiming that she led an active lifestyle and only suffered from headaches and opioid dependence. Jury awarded plaintiff $550,000 for non economic losses and $311,000 for economic losses. The award was reduced from $861,000 to $779,010 because of a statutory cap of $468,010 for non economic losses.
Location: Arapahoe County, Colorado
Case Name and Docket Number: Zeigler v. Floyd, 2011-CV-000135
PTSD and Concussion from Three-Car Rear-End Collison
Type of Injury: Head injury-brain injury, cognitive impairment, visual disturbance, tinnitus, PTSD and concussion; General back, neck and shoulder injuries
Type of Accident: Rear-end
Award/Settlement Amount: $956,297
Case Summary: Plaintiff’s vehicle had been stopped for traffic on an interstate highway when she was rear-ended by a vehicle driven by defendant, causing her to collide with the vehicle in front of her. Plaintiff suffered a brain injury, cognitive impairment, visual disturbance, tinnitus, PTSD, concussion and back, neck and shoulder injuries from the impact of this collision. Plaintiff asserted the defendant was negligent in failing to keep a proper lookout, driving while distracted, and following too closely, resulting in her serious injuries and damages. Defendant admitted liability but disputed the cause of plaintiff’s claimed injuries, noting that she sustained similar injuries in a previous motor vehicle accident. Jury awarded plaintiff $956,297 in total damages.
Location: Denver County, Colorado
Case Name and Docket Number: Meyer v. Payne, 2020-CV-031086
Multiple Facial Fractures from Collison with Oil Tanker Truck
Type of Injury: Head injury-multiple facial fractures; Others-Injuries to hip requiring partial replacement, injuries to wrist.
Type of Accident: Side-impact
Award/Settlement Amount: $1,091,188
Case Summary: Defendant 1 was driving her mother’s vehicle, while her brother/plaintiff, rode as a passenger. According to Defendant 1, an oil tanker slid into the front the Buick. Plaintiff said his face was crushed during the accident and he suffered multiple facial fractures. After undergoing eye surgery and having his face wired together, plaintiff had to “eat through a straw for several months following the accident” and was on pain medication. Plaintiff also had a plate installed into his wrist and underwent surgery to replace his hip ball. Plaintiff contended that negligence of both drivers caused the accident. Defendant 2 denied negligence for the accident, blaming defendant 1. Jury awarded plaintiff $1,091,188.00. Jurors apportioned fault 25/75 between defendant and defendant 2.
Location: Arapahoe County, Colorado
Case Name and Docket Number: Lay v. Swofford, 02CV3564
Heart Damage, Rib Fractures, PTSD from Interstate Crash
Type of Injury: Chest injury-Heart Damage, Multiple Rib Fractures; T5 compression fracture and post-traumatic stress disorder
Type of Accident: Single
Award/Settlement Amount: $1,865,726
Case Summary: Plaintiff was involved in a public interstate, motor vehicle accident that occurred when defendant’s southbound vehicle attempted to change interstate lanes into the lane plaintiff’s vehicle then occupied and thereby caused plaintiff to swerve, lost control and roll the vehicle. Plaintiff suffered multiple fractured ribs, heart damage that required an implanted pacemaker, a T5 compression fracture and post-traumatic stress disorder. Defendant argued Plaintiff had negligently caused the rollover accident by failing to brake, choosing to swerve to the left and right and finally failing to simply steer into the open and adjacent interstate shoulder in response to his merging vehicle. Jury found for plaintiff, awarding him $1,865,726 in damages.
Location: Weld County, Colorado
Case Name and Docket Number: Leclair v. Goldsmith, 2013-CV-031023
Methodology
We analyzed a sample group of real lawsuits filed in Colorado courts by car accident victims. All plaintiffs in the group received a payout through the court.
Cases include two-vehicle collisions, single-vehicle crashes, and cases with pedestrians and bicycle riders.
In some cases, the plaintiff was found to share some of the blame for the crash, and their award was reduced accordingly. The reduced amount is reflected in the Award/Settlement Amount.
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